2020 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-32. Separate Causes of Action for Personal Injury and Property Damage Caused by Motor Vehicle

In cases arising from the wrongful or negligent operation of a motor vehicle in which the single wrongful or negligent act causes or results in both physical injuries to a person and injuries to the property of such person, the injured person shall have a separate and distinct cause of action against the person whose wrongful or negligent act caused such injury for the physical injury to his person and a separate and distinct cause of action for the injuries to his property. The injured party shall have the right, in his sole discretion, to prosecute each cause of action separately or to combine the two causes of action in one single action.

(Code 1933, § 105-1301A, enacted by Ga. L. 1973, p. 295, § 1.)

- Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1.

Criminal penalties for homicide by vehicle and serious injury by vehicle, §§ 40-6-393,40-6-394.

- For article advocating moderate reform of auto accident compensation system prior to Georgia's adoption of the Georgia Motor Vehicle Accident Reparations Act, see 5 Ga. St. B. J. 321 (1969). For note discussing the family purpose car doctrine as an extension of the principle of respondeat superior, see 3 Ga. St. B. J. 112 (1966).

JUDICIAL DECISIONS

Constitutionality of guest passenger rule.

- Guest passenger rule, by creating a distinction between paying and nonpaying passengers, does not violate the equal protection clause of U.S. Const., amend. 14. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981).

Guest passenger rule is reasonably related to two legitimate purposes of the rule: fostering hospitality among vehicle operator and passengers and discouraging collusive lawsuits. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981).

Automobile guest passenger rule precludes nonpaying guest passenger from recovering damages for personal injuries sustained by the ordinary negligence of the owner or operator. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981).

Doctrines of res judicata and estoppel by judgment are inapplicable to cases arising from motor vehicle collisions in which personal injury claims and property damage claims are dealt with in separate actions. Childers v. F.A.F. Motor Cars, Inc., 171 Ga. App. 232, 319 S.E.2d 90 (1984).

- O.C.G.A. § 51-1-32 is consistent with O.C.G.A. § 44-12-24 in distinguishing between property damage and personal injury claims, and in no way addresses or alters the rule prohibiting assignment of personal injury causes of action. GEICO v. Hirsh, 211 Ga. App. 374, 439 S.E.2d 59 (1993).

- When an insured brought a counterclaim for property damage against a tortfeasor but later withdrew it, the insurer could not seek to reassert that claim under O.C.G.A. § 51-1-32, allowing the splitting of personal injury and property damage claims, in a subsequent action, because the insured's only claim was for property damage. Allstate Ins. Co. v. Welch, 259 Ga. App. 71, 576 S.E.2d 57 (2003).

Cited in Coaxum v. Graham, 151 Ga. App. 75, 258 S.E.2d 740 (1979); American States Ins. Co. v. Walker, 223 Ga. App. 194, 477 S.E.2d 360 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 64 et seq.

- 1A C.J.S., Actions, §§ 122, 123.

- Injury by road vehicle to person on sidewalk, 1 A.L.R. 840; 75 A.L.R. 559.

Liability for injury to child playing on or in proximity to automobile, 1 A.L.R. 1385; 44 A.L.R. 434.

Liability for damages by vehicle trailers, 3 A.L.R. 618.

Measure of damages for destruction of or injury to commercial vehicle, 4 A.L.R. 1350; 169 A.L.R. 1074.

Liability of person transporting or conducting on highway an object which frightens horse, 5 A.L.R. 940.

Duty and liability to persons struck by automobile while crossing street at unusual place, or diagonally, 14 A.L.R. 1176; 67 A.L.R. 313.

Automobiles; effect of defective brakes on liability for injury, 14 A.L.R. 1339; 63 A.L.R. 398; 170 A.L.R. 611.

Liability of guest for injury to third person due primarily to negligence of driver, 18 A.L.R. 365.

Automobiles: liability of owner or operator for injury to guest, 20 A.L.R. 1014; 26 A.L.R. 1425; 40 A.L.R. 1338; 47 A.L.R. 327; 51 A.L.R. 581, 61 A.L.R. 1252, 65 A.L.R. 952.

Personal care required of one riding in an automobile driven by another as affecting his right to recover against third persons, 22 A.L.R. 1294; 41 A.L.R. 767; 47 A.L.R. 293; 63 A.L.R. 1432; 90 A.L.R. 984.

Liability of street railway company for injury to person in "safety zone", 41 A.L.R. 376.

Liability of carrier for injury to passenger from car window, 45 A.L.R. 1541.

Liability for personal injuries by tractor, 48 A.L.R. 939.

Liability for injury to pedestrian struck by automobile as affected by his blindness, deafness, or other physical disability, 62 A.L.R. 578.

Liability of owner for negligence of one to whom car is loaned or hired, 68 A.L.R. 1008, 100 A.L.R. 920, 168 A.L.R. 1364.

Liability for injury to one riding on running board of automobile or other place outside body of car, 80 A.L.R. 553; 104 A.L.R. 312; 44 A.L.R.2d 238.

Size or weight of automobile or load involved in accident as factor in determining responsibility, 85 A.L.R. 1173.

Violation of traffic regulation requiring one intending to turn left at intersection to approach in traffic lane nearest to center of street or highway, 87 A.L.R. 1165.

What conduct in driving automobile amounts to wantonness, wilfulness, or the like, precluding defense of contributory negligence, 92 A.L.R. 1367; 119 A.L.R. 654.

Liability for injury to pedestrian struck by automobile while traveling along street or highway, 93 A.L.R. 551.

Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 104 A.L.R. 312; 44 A.L.R.2d 238.

Liability of joint owners of automobile for injury or damage resulting from its operation, 109 A.L.R. 124.

Liability for damage or injury by skidding motor vehicle, 113 A.L.R. 1002.

Right or duty to turn in violation of law of road to avoid traveler or obstacle, 113 A.L.R. 1328.

Liability for injury to person or damage to property from stone or other object on surface of highway thrown by or from passing vehicle, 115 A.L.R. 1498.

Collision between automobiles on bridge or approach thereto, 118 A.L.R. 1196.

Liability of owner or one in charge of automobile for injury due to its condition, to one, other than his employee or bailee use, engaged in some service or operation in connection with it, 122 A.L.R. 1023.

Admissibility and weight of evidence as to condition of automobile or parts thereof after accident, on issue as to responsibility for accident, 129 A.L.R. 438.

Necessity and sufficiency, in complaint or declaration in action for injury or damage due to dangerous condition of automobile or other machine, of allegations as to particular defects, 129 A.L.R. 1274.

Stopping vehicle on traveled portion of highway as affecting responsibility for collision between vehicles, 131 A.L.R. 562.

Injury to guest of operator as within statutory or nonstatutory rule which makes owner of automobile liable for negligence of another operating the car with his consent, 131 A.L.R. 891.

Liability for injury or damages resulting from traffic accident on highway involving vehicle in military service, 133 A.L.R. 1298; 147 A.L.R. 1431.

Liability for injury to bicyclist while holding on to moving motor vehicle, 138 A.L.R. 1127.

Insurer's right of subrogation against tort-feasor as affecting application of rule against splitting cause of action, 140 A.L.R. 1241; 166 A.L.R. 870.

Damages on account of loss of earnings or impairment on earning capacity due to wife's personal injury as recoverable by her or by her husband, 151 A.L.R. 479.

Res ipsa loquitur as applied to a collision between a moving automobile and a standing automobile or other vehicle, 151 A.L.R. 876.

Note: imputation of driver's negligence to passenger, 163 A.L.R. 697.

Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle or licensing of operation, 163 A.L.R. 1375.

Automobile owner's common-law liability for negligence in entrusting car to known incompetent, reckless, or inexperienced person as affected by statute limiting owner's liability to use within terms of consent, 163 A.L.R. 1418.

Negligence causing automobile accident as proximate cause of injury or death resulting from acts done or attempted with reference to person or property involved, 166 A.L.R. 752.

Rights and remedies incident to subrogation to one but not both elements of a single cause of action for injury to person and damage to property, 166 A.L.R. 870.

Common-law liability based on entrusting automobile to incompetent, reckless, or unlicensed driver, 168 A.L.R. 1364.

Effect of defective brakes on liability for injury, 170 A.L.R. 611.

Reciprocal duties of driver of automobile and bicyclist or motorcyclist, 172 A.L.R. 736.

Custom or practice of drivers of motor vehicles as affecting question of negligence, 172 A.L.R. 1141; 77 A.L.R.2d 1327.

Duty as regards barriers for protection of automobile travel, 173 A.L.R. 626.

Overcoming inference or presumption of driver's agency for owner, or latter's consent to operation, of automobile, 5 A.L.R.2d 196.

Proof of title to motor vehicle requisite to recovery for injury thereof, 7 A.L.R.2d 1347.

Liability to automobile guest injured by falling from or through door of moving automobile, 9 A.L.R.2d 1337.

Liability of driver of private automobile for injury to occupant struck by another vehicle after alighting, 20 A.L.R.2d 789.

Liability for killing or injuring, by motor vehicle, of livestock or fowl on highway, 20 A.L.R.2d 1053.

Liability of owner or operator of motor vehicle for accident resulting from alleged breaking of or defect in steering mechanism, 23 A.L.R.2d 539.

Admissibility, in vehicle accident case, of evidence of opposing party's intoxication where litigant's pleading failed to allege such fact, 26 A.L.R.2d 359.

Liability for failure to provide motor vehicle with adequate rearview mirror, 27 A.L.R.2d 1040.

Physical defect, illness, drowsiness, or falling asleep of motor vehicle operator as affecting liability for injury, 28 A.L.R.2d 12; 93 A.L.R.3d 326.

Physical defect, illness, drowsiness, or falling asleep of motor vehicle operator as affecting liability for injury, 28 A.L.R.2d 12; 93 A.L.R.3d 326; 1 A.L.R.4th 556.

Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107.

Liability for injury incident to towing automobile, 30 A.L.R.2d 1019.

Liability for motor vehicle accident where vision of driver is obscured by smoke, dust, atmospheric condition, or unclean windshield, 42 A.L.R.2d 13.

Rights of injured guest as affected by obscured vision from vehicle in which he was riding, 42 A.L.R.2d 350.

Liability for injury occurring when clothing of one outside motor vehicle is caught as vehicle is put in motion, 43 A.L.R.2d 1282.

Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 44 A.L.R.2d 238.

Right of defendant in action for personal injury, property damage, or death, to bring in new parties as cross defendants to his counterclaim or the like, 46 A.L.R.2d 1253.

Liability of vehicle driver or owner for running over or hitting former passenger or guest who has alighted, 50 A.L.R.2d 974.

Recovery under automobile property damage policy expressly including or excluding collision damage, where vehicle is struck by object falling thereon other than as a result of storm or the like, 54 A.L.R.2d 381.

Liability of motor vehicle owner or operator for personal injury or death of passenger or guest occasioned by inhalation of gases or fumes from exhaust, 56 A.L.R.2d 1099.

Liability as between participants for accident arising from private automobile or other vehicle racing on public street or highway, 59 A.L.R.2d 481.

Liability of state, municipality, or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 A.L.R.2d 425.

Duty and liability of vehicle drivers approaching intersection of one-way street with other street, 62 A.L.R.2d 275.

Duty and liability of vehicle drivers within parking lot, 62 A.L.R.2d 288.

Right to punitive or exemplary damages in action for personal injury or death caused by operation of automobile, 62 A.L.R.2d 813.

Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 A.L.R.2d 5.

Liability for injury occasioned by backing of motor vehicle from private premises into public street or highway, 63 A.L.R.2d 108.

Liability for injury or damage occasioned by backing of motor vehicle within private premises, 63 A.L.R.2d 184.

Instructions on unavoidable accident, or the like, in motor vehicle cases, 65 A.L.R.2d 12.

Liability of owner or operator to adult trespasser in or on motor vehicle or equipment, 65 A.L.R.2d 798.

Liability for accident from "jackknifing" of trailers or the like, 68 A.L.R.2d 353.

Liability for injury or damage from motor vehicle accident assertedly caused by insect, 73 A.L.R.2d 1214.

Custom or practice of drivers of motor vehicles as affecting question of negligence, 77 A.L.R.2d 1327.

Instructions on sudden emergency in motor vehicle cases, 80 A.L.R.2d 5; 102 A.L.R. 781; 118 A.L.R. 982.

Violation of statute requiring one involved in an accident to stop and render aid as affecting civil liability, 80 A.L.R.2d 299.

Liability for injury or damage caused by operation of bulldozer, earth grader, or similar earth-moving equipment, 81 A.L.R.2d 456.

Liability of owner or driver of double-parked motor vehicle for ensuing injury, death, or damage, 82 A.L.R.2d 726.

Negligence in connection with the pushing of one motor vehicle by another, 82 A.L.R.2d 918.

Liability arising from accidents involving police vehicles, 83 A.L.R.2d 383.

Liability of governmental unit or its officer for injury or damage from operation of vehicle pursued by police, 83 A.L.R.2d 452.

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 85 A.L.R.2d 692.

Criminal responsibility for injury or death in operation of mechanically defective motor vehicle, 88 A.L.R.2d 1165.

Liability for accident arising from fall of motor vehicle load upon, or into path of, another motor vehicle, 91 A.L.R.2d 897.

Liability for injury or damage caused in collision with, or avoiding collision with, open door of parked automobile, 92 A.L.R.2d 1037.

Improper use of automobile license plates as affecting liability or right to recover for injuries, death, or damages in consequence of automobile accident, 99 A.L.R.2d 904.

Liability for automobile accident, other than direct collision with pedestrian, as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 12.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 A.L.R.3d 155.

Liability for automobile accident at intersection as affected by reliance upon or disregard of "yield" sign or signal, 2 A.L.R.3d 275.

Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 A.L.R.3d 180.

Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging caution, slow, danger, or like sign or signal, 3 A.L.R.3d 507.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.

Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident, 4 A.L.R.3d 324.

Owning, leasing, or otherwise engaging in business or furnishing services for taxicabs as basis of tort liability for acts of taxi driver under respondeat superior doctrine, 8 A.L.R.3d 818.

Liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 A.L.R.3d 1436.

What amounts to negligence within meaning of statutes penalizing negligent homicide by operation of a motor vehicle, 20 A.L.R.3d 473.

Automobiles: duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183.

Burden of pleading and proving guest status, or absence thereof, under automobile guest statute, 24 A.L.R.3d 1400.

Liability of motorist colliding with person engaged about stalled or disabled vehicle on or near highway, 27 A.L.R.3d 12.

Admissibility of evidence of habit, customary behavior, or reputation as to care of pedestrian on question of his care at time of collision with motor vehicle giving rise to his injury or death, 28 A.L.R.3d 1293.

Automobiles: liability of motorist for collision as affected by attempts to avoid dog or other small animal in road, 41 A.L.R.3d 1124.

Automobiles: liability for accident arising from escape of trailer, 43 A.L.R.3d 725.

Anti-hitchhiking laws: their construction and effect in action for injury to hitchhiker, 46 A.L.R.3d 964.

Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt, 49 A.L.R.3d 295.

Automobiles: liability of one fleeing police for injury resulting from collision of police vehicle with another vehicle, person or object, 51 A.L.R.3d 1226.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

Liability or recovery in automobile negligence action as affected by absence on insufficiency of lights on parked or standing motor vehicle, 61 A.L.R.3d 13.

Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without front lights, or with improper front lights, 62 A.L.R.3d 560.

Liability or recovery of automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors, 62 A.L.R.3d 771.

Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load, or similar auxiliary lights, 62 A.L.R.3d 844.

Liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle, 64 A.L.R.3d 551.

Liability or recovery in automobile negligence action as affected by driver's being blinded by lights other than those of a motor vehicle, 64 A.L.R.3d 760.

No-fault: right of insurer to reimbursement out of recovery against tortfeasor, 69 A.L.R.3d 830.

Automobile occupant's failure to use seat belt as contributory negligence, 92 A.L.R.3d 9.

Liability for automobile accident allegedly caused by driver's blackout, sudden unconsciousness, or the like, 93 A.L.R.3d 326.

Nonuse of seatbelt as reducing amount of damages recoverable, 95 A.L.R.3d 239, 62 A.L.R.5th 537.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 A.L.R.3d 11.

Products liability: personal injury or death allegedly caused by defect in braking system in motor vehicle, 99 A.L.R.3d 179.

Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 A.L.R.3d 751.

Products liability: personal injury or death allegedly caused by defect in drive train system in motor vehicle, 100 A.L.R.3d 471.

Liability of governmental unit or its officers for injury to innocent pedestrian or occupant of parked vehicle, or for damage to such vehicle, as result of police chase, 100 A.L.R.3d 815.

Products liability: personal injury or death allegedly caused by defect in suspension system in motor vehicle, 100 A.L.R.3d 912.

Motor vehicle passenger's contributory negligence or assumption of risk where accident resulted from driver's drowsiness, physical defect, or illness, 1 A.L.R.4th 556.

Motor carrier's liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 A.L.R.4th 1249.

Liability for negligent operation of dune buggy, 2 A.L.R.4th 795.

Liability of governmental unit or its officers for injury to innocent occupant of moving vehicle, or for damage to such vehicle, as result of police chase, 4 A.L.R.4th 865.

Products liability: personal injury or death allegedly caused by defect in electrical system in motor vehicle, 5 A.L.R.4th 662.

Immediacy of observation of injury as affecting right to recover damages for shock or mental anguish from witnessing injury to another, 5 A.L.R.4th 833.

Liability of governmental unit for injuries caused by driver of third vehicle to person whose vehicle had been stopped by police car, 17 A.L.R.4th 897.

Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132.

Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159.

Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver's negligence, 21 A.L.R.4th 459.

Simultaneous injury to person and property as giving rise to single cause of action - modern cases, 24 A.L.R.4th 646.

Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam, 32 A.L.R.4th 933.

Liability of highway user for injuries resulting from failure to remove or protect against material spilled from vehicle onto public street or highway, 34 A.L.R.4th 520.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 A.L.R.4th 441.

Fact that passenger in negligently operated motor vehicle is owner as affecting passenger's liability to or rights against third person - modern cases, 37 A.L.R.4th 565.

Motorist's liability for striking person lying in road, 41 A.L.R.4th 303.

Construction and application of statute imposing liability expressly upon motor vehicle lessor for damage caused by operation of vehicle, 41 A.L.R.4th 993.

Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 A.L.R.4th 276.

Rescue doctrine: liability of one who negligently causes motor vehicle accident for injuries to person subsequently attempting to rescue persons or property, 73 A.L.R.4th 737.

Modern status of rule imputing motor vehicle driver's negligence to passenger on joint venture theory, 3 A.L.R.5th 1.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 A.L.R.5th 195.

Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 A.L.R.5th 193.

Instructions on "unavoidable accident," "mere accident," or the like, in motor vehicle case - modern cases, 21 A.L.R.5th 82.

Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death, 46 A.L.R.5th 557.

Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 A.L.R.5th 1.

Comparative negligence of driver as defense to enhanced injury, crashworthiness, or second collision claim, 69 A.L.R.5th 625.